Bill: Draft P.B. 04-041 | Clear Sessions Act

[CoolCat]

A
BILL
TO
Amend the Constitution
To Better Define the Parliamentary Term, the Dissolution of Parliament and the Election and Removal of the Prime Minister​

1 — About this Act
(1) This Act​

(a) may be cited as the "Clear Sessions Act"​

(b) may be numbered as P.B. 04-041.​

(c) shall be enacted upon passing a Constitutional Amendment Referendum.​

(d) has been authored by Speaker of Parliament Kaladin Stormblessed (ItsStormcraft) with assistance from Deputy Prime Minister Rubilubi55.​

(e) has been co-sponsored by Minister MrNeighbor.​

(2) Appendix A is part of this Act.

2 — Changes to Elections
(1) Article 5 — Electoral Terms, Section (3) shall be amended as follows:
​

"Session Length. Parliamentary terms must be no longer than 90 days. Elections must be conducted no more than 2 days prior to the end of the term, and if not called before the 80th day, elections will take place on the 88th day. Parliamentary Elections shall occur every three months and end no less than 84 days and no more than 93 days after Parliament has first convened. Elections shall be conducted according to a schedule defined by law. Polls shall be open for at least 72h. The Prime Minister sets the specific date of the election. Diverging from sentence four, the Electoral Authority may take any steps necessary to meet the obligations set forth by sentence one."​

(2) Article 5 — Electoral Terms, Section (4) shall be amended as follows:
​

"Voting System. Members will be elected according to a general, direct free, equal, and secret proportional voting system defined by Parliament."​

3 — Changes to the Assembling of Parliament
(1) Article 5 — Electoral Terms shall be amended with a new Section (5) reading:​

​

"Enactment. The Electoral Authority shall issue writs to all elected and discharged Members of Parliament informing them of their election to or forfeiture of their seat. Parliament shall be called to order by the former Speaker of Parliament as soon as possible afterwards. The former Speaker of Parliament shall temporarily preside over Parliament until a new Speaker of Parliament has been elected. The term of the former Parliament ends with the call to order."​

(2) Article 4 — Speaker of Parliament shall be amended as follows:
​

"Upon first assembling, Parliament elects a Speaker with a Majority of its Members to be the presiding officer of the parliamentary chamber holding the following powers and responsibilities:​

[...]​

The largest party of Parliament may nominate a candidate for speaker. Parliament may elect them by a majority.​

[...]"​

(3) Article 4a — Deputy Speaker of Parliament shall be amended as follows:
​

"After the Speaker is elected, the second largest party of Parliament may nominate a Deputy Speaker. Parliament shall elect a Deputy Speaker through a Majority of its Members.​

[...]"​

4 — Election and Removal of the Prime Minister
(1) Article 8 — Election of the Prime Minister shall be renamed to Election and Removal of the Prime Minister with the text changed in its entirety to the following:
​

"(1) Parliament shall elect a Prime Minister through a Majority of its Members. Parliament may withdraw Confidence from the Prime Minister by electing a new Prime Minister with a Majority of its Members. The Monarch shall appoint the elected Prime Minister.​

(2) The Prime Minister shall appoint a deputy to serve in their absence.​

(3) If a new Parliament assembles, the Prime Minister shall maintain their office in an acting manner until a new Prime Minister is elected pursuant to Section (1)."​

(2) Articles 12, 13, 31 and 33 are struck from the Constitution and shall read "omitted".

5 — Changes to the Assembling of the Cabinet
Article 10 — Ministers shall be amended as follows:
​

"A Minister is appointed by the Prime Minister, through a government proposal, to lead a specific government ministry portfolio. A Minister is responsible for implementing policies, managing public services, and making decisions within their delegated areas of responsibility. A Minister, on request to the Speaker of Parliament, has the right to testify before Parliament regarding their portfolio.​

[...]"​

6 — Premature Dissolution, Early Election
(1) A new Article 5a — Dissolution of Parliament shall be inserted into the Constitution reading the following:
​

"(1) Parliament, through a Majority of its Members, may request the Dissolution of Parliament.​

(2) The Monarch may, upon petition by Parliament, dissolve Parliament and trigger an early election.​

(3) The Electoral Authority shall immediately begin to conduct the election pursuant to law.​

(4) Article 5, Section (5), Sentence 4 remains unaffected."​

(2) Article 19 — The Monarch Section (6) shall be amended as follows:
​

"Parliamentary Powers. Dissolving the Parliament on the advice of the Prime Minister pursuant to Article 5a and issuing Electoral Writs to the electoral authority."​

​

Spoiler: Appendix A: Prior Versions of Altered Articles

4. Speaker of Parliament​

Upon first assembling, Parliament elects a Speaker to be the presiding officer of the parliamentary chamber holding the following powers and responsibilities:

Spoiler: ”Responsibilities and Powers of the Speaker of Parliament”

1. Preside over the Parliament: The Speaker oversees debates and ensures that parliamentary procedures are followed.
2. Maintain Order: The Speaker ensures that debates are conducted in an orderly manner and may call members to order if necessary.
3. Impartially Enforce Rules: The Speaker remains neutral and does not participate in debates or vote, except to break ties.
4. Represent the Parliament: The Speaker represents the Parliament in all matters outside of Parliament, including during official ceremonies.
5. Facilitate Debate: The Speaker manages the order of business, calls on members to speak, and ensures everyone has the opportunity to participate.
6. Safeguard Parliamentary Privilege: The Speaker protects the rights of Members of Parliament to speak freely within the Parliament.
7. Ensure Parliamentary Procedure: The Speaker ensures that the Parliament follows the rules of procedure and upholds parliamentary traditions.

The largest party of Parliament may nominate a candidate for speaker. Parliament may elect them by a majority.

After election of a Member of Parliament to the Office of Speaker, the party of the Speaker may nominate a compensatory Member of Parliament.

​

4a. Deputy Speaker of Parliament​

After the Speaker is elected, the second largest party of Parliament may nominate a Deputy Speaker.
After nomination to the office of Deputy Speaker, they are bound by the same limits as the Speaker as defined in Article 4 and hold the same powers, subject only to subordination to the Speaker.

After nomination of a Member of Parliament to the Office of Deputy Speaker, the Deputy Speaker´s Party may nominate a compensatory Member of Parliament.

They assist the Speaker. Parliament decides who will be actively heading parliamentary affairs; in the absence of a provision passed by Parliament, this decision is left to the Speaker and their Deputy.

​

5. Electoral Terms​

1. Minimum Seats. The Parliament will have no fewer than eleven seats excluding the seats of the Speaker and Deputy Speaker.
2. Adjusting Seats. Parliament may pass Apportionment Acts in order to determine the amount of seats in Parliament so long as these Acts are in line with the restrictions outlined below. If no apportionment act is currently in effect, then Parliament shall have the minimum number of seats
   (a) Parliament may never have an even number of seats.
   (b) Apportionment Acts cannot override the minimum number of seats.
   (c) Apportionment Acts may only take effect following the dissolution of a particular Parliament.
3. Session Length. Parliamentary terms must be no longer than 90 days. Elections must be conducted no more than 2 days prior to the end of the term, and if not called before the 80th day, elections will take place on the 88th day.
4. Voting System. Members will be elected according to a proportional voting system defined by Parliament.

[...]

​

8. Election of the Prime Minister​

The Prime Minister is the Member of Parliament who commands the confidence of the Parliament to form a government. This can either occur through a ruling majority party in the Parliament or as a result of a coalition of parties to form a minority government.

In the proposal to form the government, the Prime Minister shall select another Member of Parliament to be the Deputy Prime Minister. The Deputy Prime Minister assumes the powers and duties of the Prime Minister in the event of the Prime Minister's absence.

[...]

​

10. Ministers​

A Minister is appointed by the Prime Minister, through a government proposal, to lead a specific government ministry portfolio. A Minister is responsible for implementing policies, managing public services, and making decisions within their delegated areas of responsibility. A Minister, on request to the Speaker of Parliament, has the right to testify before Parliament regarding their portfolio.

Spoiler: ”Responsibilities and Powers of Ministers”

1. Executive Power: Ministers have the authority to make decisions regarding the administration of government policies and programs within their portfolio.
2. Legislative Duties: Ministers are responsible for representing their ministry in Parliament and advancing legislation related to their Ministerial portfolio.
   (a) No part of this Article shall be construed to grant Ministers exclusive authority over advancing legislation related to their portfolio, nor shall it be construed to deny other Members of Parliament the ability to advance legislation related to any Minister's portfolio.
3. Regulatory Power: Ministers can issue regulations and rules within their areas of responsibility, enabling the effective implementation of laws.
4. Budget Control: Ministers have the power to manage the budget for their respective government ministries.
5. Employment Power: Ministers have the authority to appoint officials within their ministry.
6. Decision-Making Authority: Ministers can make policy decisions, issue directives, and take action within their ministry to address national issues.
7. Public Representation: Ministers hold the power to represent the government in public, in Parliament, and in discussions with stakeholders, media, and the public.

[...]

​

12. Confidence of Parliament:​

The Government must maintain the confidence of Parliament to govern. Should the government lose this confidence, they must immediately resign.

If a confidence is not regained by any party within 72 hours, an election is immediately triggered.

​

13. Minority Government:​

In the absence of a clear majority, the largest coalition may form a minority government. A confidence agreement may be made with these parties and members to ensure support on key financial and no confidence votes.

[...]

​

19. The Monarch​

The Monarch is a King or Queen who acts on the lawful and reasonable advice of the government of the day, and may only in exceptional circumstances refuse or delay actions as advised, with the understanding that any such actions must align with the Constitution and established legal principles.

Spoiler: ”Responsibilities and Powers of the Monarch”

1. State Representation. Representing the Kingdom in ceremonial functions, both domestically and internationally.
2. Royal Assent. Granting royal assent to bills passed by Parliament, allowing them to become law.
3. Appointments. Ceremonially appointing the Prime Minister, Cabinet members, and other officials as recommended by Parliament.
4. Ceremonial Functions. Presiding over national events and opening each session of Parliament.
5. Prerogatives. Granting pardons or clemencies based on the advice of the government of the day.
6. Parliamentary Powers. Dissolving the Parliament on the advice of the Prime Minister and issuing Electoral Writs to the electoral authority.
7. Advisory Role. While the Monarch’s role is largely ceremonial, they may receive regular briefings and counsel from the Prime Minister and Cabinet, but must not exert influence over political decisions.

[...]

​

31. Confidence​

Parliamentary confidence refers to the support that a government maintains from the majority of the Parliament. If the government loses this confidence through a vote of no confidence, it must immediately resign, leading to the formation of a new government or the calling of general elections.

[...]

​

33. Hung Parliament​

When no single political party wins an outright majority of seats at a general election. This means that no party has enough seats to independently form a government, and coalition talks, minority governments, or other negotiations are required to establish a government.

[...]
​

​

 

[CoolCat]

The Greens in the Alexandrian Parliament
Through their Deputy Prime Minister Rubilubi55
Move to Pass
The Clear Sessions Act​

Parliament notes:
(1) That confusion and irregularities exist in regards to the length of a Parliamentary session, the meaning of the term dissolution and the election and succession of a Prime Minister.
(2) That forcing all business to cease at dissolution may proof problematic.
(3) That "day of the election" does not reflect in any way our current electoral system with three consecutive days of voting.

Based on this, Parliament decides:
(1) To more clearly define when an election should occur.
(2) To further define what powers Parliament has during an Election.
(3) To establish a clear standard for when Parliament should assemble and who presides over Parliament in the interim before the Speaker is elected.
(4) To vest Parliament with the power to elect and remove the Prime Minister.
(5) To clear up any misconceptions of what a dissolution entails and when such dissolution can occurr.

To implement this, Parliament projects the following expenses:
(1) Parliament does not project any change to costs besides pay for Parliamentary and Electoral staff.

Further, Parliament projects the following administrative efforts:
(1) All clerical work related to the passage and enactment of this Act.
(2) All work related to organising and conducting a Constitutional Amendment Referenda.

To implement the above, Parliament passes:
​

A
BILL
TO
Amend the Constitution
To Better Define the Parliamentary Term, the Dissolution of Parliament and the Election and Removal of the Prime Minister​

1 — About this Act
(1) This Act​

(a) may be cited as the "Clear Sessions Act"​

(b) may be numbered as P.B. 04-041.​

(c) shall be enacted upon passing a Constitutional Amendment Referendum.​

(d) has been authored by Speaker of Parliament Kaladin Stormblessed (ItsStormcraft) with assistance from Deputy Prime Minister Rubilubi55.​

(e) has been co-sponsored by Minister MrNeighbor.​

(2) Appendix A is part of this Act.

2 — Changes to Elections
(1) Article 5 — Electoral Terms, Section (3) shall be amended as follows:
​

"Session Length. Parliamentary terms must be no longer than 90 days. Elections must be conducted no more than 2 days prior to the end of the term, and if not called before the 80th day, elections will take place on the 88th day. Parliamentary Elections shall occur every three months and end no less than 84 days and no more than 93 days after Parliament has first convened. Elections shall be conducted according to a schedule defined by law. Polls shall be open for at least 72h. The Prime Minister sets the specific date of the election. Diverging from sentence three, the Electoral Authority may take any steps necessary to meet the obligations set forth by sentence four."​

(2) Article 5 — Electoral Terms, Section (4) shall be amended as follows:
​

"Voting System. Members will be elected according to a general, direct free, equal, and secret proportional voting system defined by Parliament."​

3 — Changes to the Assembling of Parliament
(1) Article 5 — Electoral Terms shall be amended with a new Section (5) reading:​

​

"Enactment. The Electoral Authority shall issue writs to all elected and discharged Members of Parliament informing them of their election to or forfeiture of their seat. Parliament shall be called to order by the former Speaker of Parliament as soon as possible afterwards. The former Speaker of Parliament shall temporarily preside over Parliament until a new Speaker of Parliament has been elected. The term of the former Parliament ends with the call to order."​

(2) Article 4 — Speaker of Parliament shall be amended as follows:
​

"Upon first assembling, Parliament elects a Speaker with a Majority of its Members to be the presiding officer of the parliamentary chamber holding the following powers and responsibilities:​

[...]​

The largest party of Parliament may nominate a candidate for speaker. Parliament may elect them by a majority.​

[...]"​

(3) Article 4a — Deputy Speaker of Parliament shall be amended as follows:
​

"After the Speaker is elected, the second largest party of Parliament may nominate a Deputy Speaker. Parliament shall elect a Deputy Speaker through a Majority of its Members.​

[...]"​

4 — Election and Removal of the Prime Minister
(1) Article 8 — Election of the Prime Minister shall be renamed to Election and Removal of the Prime Minister with the text changed in its entirety to the following:
​

"(1) Parliament shall elect a Prime Minister through a Majority of its Members. Parliament may withdraw Confidence from the Prime Minister by electing a new Prime Minister with a Majority of its Members. The Monarch shall appoint the elected Prime Minister.​

(2) The Prime Minister shall appoint a deputy to serve in their absence.​

(3) If a new Parliament assembles, the Prime Minister shall maintain their office in an acting manner until a new Prime Minister is elected pursuant to Section (1)."​

(2) Articles 12, 13, 31 and 33 are struck from the Constitution and shall read "omitted".

5 — Changes to the Assembling of the Cabinet
Article 10 — Ministers shall be amended as follows:
​

"A Minister is appointed by the Prime Minister, through a government proposal, to lead a specific government ministry portfolio. A Minister is responsible for implementing policies, managing public services, and making decisions within their delegated areas of responsibility. A Minister, on request to the Speaker of Parliament, has the right to testify before Parliament regarding their portfolio.​

[...]"​

6 — Premature Dissolution, Early Election
(1) A new Article 5a — Dissolution of Parliament shall be inserted into the Constitution reading the following:
​

"(1) Parliament, through a Majority of its Members, may request the Dissolution of Parliament.​

(2) The Monarch may, upon petition by Parliament, dissolve Parliament and trigger an early election.​

(3) The Electoral Authority shall immediately begin to conduct the election pursuant to law.​

(4) Article 5, Section (5), Sentence 4 remains unaffected."​

(2) Article 19 — The Monarch Section (6) shall be amended as follows:
​

"Parliamentary Powers. Dissolving the Parliament on the advice of the Prime Minister pursuant to Article 5a and issuing Electoral Writs to the electoral authority."​

​

Spoiler: Appendix A: Prior Versions of Altered Articles

4. Speaker of Parliament​

Upon first assembling, Parliament elects a Speaker to be the presiding officer of the parliamentary chamber holding the following powers and responsibilities:

Spoiler: ”Responsibilities and Powers of the Speaker of Parliament”

1. Preside over the Parliament: The Speaker oversees debates and ensures that parliamentary procedures are followed.
2. Maintain Order: The Speaker ensures that debates are conducted in an orderly manner and may call members to order if necessary.
3. Impartially Enforce Rules: The Speaker remains neutral and does not participate in debates or vote, except to break ties.
4. Represent the Parliament: The Speaker represents the Parliament in all matters outside of Parliament, including during official ceremonies.
5. Facilitate Debate: The Speaker manages the order of business, calls on members to speak, and ensures everyone has the opportunity to participate.
6. Safeguard Parliamentary Privilege: The Speaker protects the rights of Members of Parliament to speak freely within the Parliament.
7. Ensure Parliamentary Procedure: The Speaker ensures that the Parliament follows the rules of procedure and upholds parliamentary traditions.

The largest party of Parliament may nominate a candidate for speaker. Parliament may elect them by a majority.

After election of a Member of Parliament to the Office of Speaker, the party of the Speaker may nominate a compensatory Member of Parliament.

​

4a. Deputy Speaker of Parliament​

After the Speaker is elected, the second largest party of Parliament may nominate a Deputy Speaker.
After nomination to the office of Deputy Speaker, they are bound by the same limits as the Speaker as defined in Article 4 and hold the same powers, subject only to subordination to the Speaker.

After nomination of a Member of Parliament to the Office of Deputy Speaker, the Deputy Speaker´s Party may nominate a compensatory Member of Parliament.

They assist the Speaker. Parliament decides who will be actively heading parliamentary affairs; in the absence of a provision passed by Parliament, this decision is left to the Speaker and their Deputy.

​

5. Electoral Terms​

1. Minimum Seats. The Parliament will have no fewer than eleven seats excluding the seats of the Speaker and Deputy Speaker.
2. Adjusting Seats. Parliament may pass Apportionment Acts in order to determine the amount of seats in Parliament so long as these Acts are in line with the restrictions outlined below. If no apportionment act is currently in effect, then Parliament shall have the minimum number of seats
   (a) Parliament may never have an even number of seats.
   (b) Apportionment Acts cannot override the minimum number of seats.
   (c) Apportionment Acts may only take effect following the dissolution of a particular Parliament.
3. Session Length. Parliamentary terms must be no longer than 90 days. Elections must be conducted no more than 2 days prior to the end of the term, and if not called before the 80th day, elections will take place on the 88th day.
4. Voting System. Members will be elected according to a proportional voting system defined by Parliament.

[...]

​

8. Election of the Prime Minister​

The Prime Minister is the Member of Parliament who commands the confidence of the Parliament to form a government. This can either occur through a ruling majority party in the Parliament or as a result of a coalition of parties to form a minority government.

In the proposal to form the government, the Prime Minister shall select another Member of Parliament to be the Deputy Prime Minister. The Deputy Prime Minister assumes the powers and duties of the Prime Minister in the event of the Prime Minister's absence.

[...]

​

10. Ministers​

A Minister is appointed by the Prime Minister, through a government proposal, to lead a specific government ministry portfolio. A Minister is responsible for implementing policies, managing public services, and making decisions within their delegated areas of responsibility. A Minister, on request to the Speaker of Parliament, has the right to testify before Parliament regarding their portfolio.

Spoiler: ”Responsibilities and Powers of Ministers”

1. Executive Power: Ministers have the authority to make decisions regarding the administration of government policies and programs within their portfolio.
2. Legislative Duties: Ministers are responsible for representing their ministry in Parliament and advancing legislation related to their Ministerial portfolio.
   (a) No part of this Article shall be construed to grant Ministers exclusive authority over advancing legislation related to their portfolio, nor shall it be construed to deny other Members of Parliament the ability to advance legislation related to any Minister's portfolio.
3. Regulatory Power: Ministers can issue regulations and rules within their areas of responsibility, enabling the effective implementation of laws.
4. Budget Control: Ministers have the power to manage the budget for their respective government ministries.
5. Employment Power: Ministers have the authority to appoint officials within their ministry.
6. Decision-Making Authority: Ministers can make policy decisions, issue directives, and take action within their ministry to address national issues.
7. Public Representation: Ministers hold the power to represent the government in public, in Parliament, and in discussions with stakeholders, media, and the public.

[...]

​

12. Confidence of Parliament:​

The Government must maintain the confidence of Parliament to govern. Should the government lose this confidence, they must immediately resign.

If a confidence is not regained by any party within 72 hours, an election is immediately triggered.

​

13. Minority Government:​

In the absence of a clear majority, the largest coalition may form a minority government. A confidence agreement may be made with these parties and members to ensure support on key financial and no confidence votes.

[...]

​

19. The Monarch​

The Monarch is a King or Queen who acts on the lawful and reasonable advice of the government of the day, and may only in exceptional circumstances refuse or delay actions as advised, with the understanding that any such actions must align with the Constitution and established legal principles.

Spoiler: ”Responsibilities and Powers of the Monarch”

1. State Representation. Representing the Kingdom in ceremonial functions, both domestically and internationally.
2. Royal Assent. Granting royal assent to bills passed by Parliament, allowing them to become law.
3. Appointments. Ceremonially appointing the Prime Minister, Cabinet members, and other officials as recommended by Parliament.
4. Ceremonial Functions. Presiding over national events and opening each session of Parliament.
5. Prerogatives. Granting pardons or clemencies based on the advice of the government of the day.
6. Parliamentary Powers. Dissolving the Parliament on the advice of the Prime Minister and issuing Electoral Writs to the electoral authority.
7. Advisory Role. While the Monarch’s role is largely ceremonial, they may receive regular briefings and counsel from the Prime Minister and Cabinet, but must not exert influence over political decisions.

[...]

​

31. Confidence​

Parliamentary confidence refers to the support that a government maintains from the majority of the Parliament. If the government loses this confidence through a vote of no confidence, it must immediately resign, leading to the formation of a new government or the calling of general elections.

[...]

​

33. Hung Parliament​

When no single political party wins an outright majority of seats at a general election. This means that no party has enough seats to independently form a government, and coalition talks, minority governments, or other negotiations are required to establish a government.

[...]
​